• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbors Driveway Easement ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

RuthK

Guest
What is the name of your state?What is the name of your state? IL

My residence property that I own has an easement throgh the south 32 feet for my neighbors driveway.
My neighbor has gotten nasty with me over it and I am curious as to what my rights to my property covered by the driveway easement are ? And What are my neighbors rights to the easement he has over my property?
My neighbor has informed me that he has the right to mow, maintain,repair and improve the easement and that I have no such rights on the easement, he has informed me that he may alter the drive from gravel to asphalt and he says he has the right to widen the drive way that has been 12 foot 8 inches since we bought the property, and the remainder of the property is a grass lawn, my neighbor has erected a 4x4 post with his name and address sign on the easement within my property boundries and he has planted trees and arborative hedge type bushes on our property within the easement, I have had the property surveyed in 1998 and the sign is within my property boundries but located within the driveway easement.My neighbor has told us that they may park on the easement but that we may not park our vechicles on our lawn that is within the easement but not interefering with their use of the driveway in any way.
My neighbor was the previous owner of my property and had sold it to his son with the easement agreement then the property was sold once more before we bought it with the easement intact in the deed.
And just lately his son has been very verbally abusive and confrontational with us in respect to the easement and they had a lawyer write us a letter stateing we were interfereing with their use of the easement.
My deed says nothing in respect to easement maintience.
So whom has the rights to easement maintence etc?
My deed in 1979 states I quote
" the tract of real estate herein conveyed is further specifically made subject to an easement of ingress and egress, over, upon and across a passageway located on the south 32.00 feet of the real property descibed above, on which there exists a driveway running generally in an east-west direction, and said easement is reserved for the benifit of all present and future owners of the realestate conveyed hereunder, it being agreed that such easement is perpetual in nature."
Can some own help us resolve this matter with our neighbor, we would like to as quickly and civily and peacefully as possible.
Thankyou RuthK
 


M

Meursault

Guest
ingress and egress are only that. absent specific consent by you to 'maintain' the property, the neighbors have no ownership rights to any of the land.

I suggest you have your own attorney write a cease and desist letter to the neighbors and if they do not 'desist' simply sue thier ass for removal of the post and any other 'enhancements' you have not approved in writing.
 
R

RuthK

Guest
Are you sure this applies to Illinois Law... My neighbors attorney has sent us a letter stating Quote
" As the owner of the easement, the _____ neighbors name___ have the right to maintain and repair the easement and to its use without obstructions by you or anyone who may act on your behalf.Therefore , On behalf of the ___-neighbors name__, I am asking that you stop preventing the______neighbors name____ from maintaining the easement." " I will be advising them to proceed with any remedy that is legally available to them , including calling the police."
And its just gotten so nasty to the point I feel almost compelled to sell and be rid of the whole situation , I dont want to have to live with and next to people like this, we have been very accomidating to our neighbors in the past to the point we put our fence 12 inches inside our property line to accomidate his mowing between our fence and his bushes) but honestly I'm not feeling real neighborly since this all flared up.
Thanks RuthK
 
M

Meursault

Guest
You have two issues. His easment and Yours.

The easement granted to you is HIS property to do with as he sees fit.

The easement granted to him remains your property and he has no rights under Illinois or any other state law outside what is granted in your deed, to do other than ingress and egress over that particular parcel of land.
 
R

RuthK

Guest
The easement granted to you is HIS property to do with as he sees fit
You kinda lost me on this? Can you explain the above sentence in laymen terms to me?
 
M

Meursault

Guest
My residence property that I own has an easement throgh the south 32 feet for my neighbors driveway.
My neighbor has gotten nasty with me over it and I am curious as to what my rights to my property covered by the driveway easement are ? And What are my neighbors rights to the easement he has over my property?
I interpret the above statement as you telling me that the two properties are so situated that there is an easement over your land for the neighbor's use and because the driveway crosses his land also, an easement granted to you over his land.

At this point, that's all that matters.

If the subject of your post is the area where you are driving over HIS land, he can do as he wishes, up to and including putting up signs, fences or clay jockeys with black face and holding a lantern. You have ONLY the right to drive over the easement.

He cannot, however, put up a gate which only he has the key or hinder your use of the easement for ingress/egress in any manner.

You, for the easement you have granted him over your land, have the exact same rights and privledges.

So, which is it? Are you talking about your easement (right to use) over his land or his easement over your land?
 
R

RuthK

Guest
My property is along the street with my neighbors home located directly behing my home, with my home between the street and my neighbors home. On the south 32.00 feet of my property my neighbor has an easement for ingress and ergess( a Driveway 12 foot by 8 inches )and the remainder of my property in the easement is lawn with aborative bushes and trees. I do not cross over his property to acess my property, my property is accessable from the street. My neighbor must cross over my property with an easement to access his property.
I hope I have explained it clearly :) ?
Thankyou RuthK
 
M

Meursault

Guest
Then the situation is as I first told you. YOU own the land and HE has the right to ingress/egress. He has no further rights to YOUR property. Whomever this attorney is is an idiot.

My neighbor has informed me that he has the right to mow, maintain,repair and improve the easement and that I have no such rights on the easement
If he wants to improve the easement then let him.

he has informed me that he may alter the drive from gravel to asphalt
Let him do this also. Because you know what? When he's finished you can send him a nice thank you note for improving YOUR property at his expense.

O.K. I'm being cute but the fact of the matter is, your neighbor and whomever this attorney is, are wrong. Your neighbor has ONLY ingress/egress rights over the driveway. If you are getting tired of this then send him a cease and desist letter informing him that he has 5 days to take down all structures, including the signage, or you will proceed with legal action for destruction of private property.

And the next time he tries to do anything except drive across the driveway, call the police.

This guy is an idiot and he's hired an idiot to represent him.
 
R

RuthK

Guest
I have a few more questions then...... Do I and my husband have the rights to maintain the property that we own covered by my neighbors easement RE/ mow , maintain, re gravel, park on the lawn in the easement that dosent obstruct the driveway in any way what so ever , have removed the aborative bushes and signage that the neighbor put on our property within the easement?
Since it isnt specifically defined within the deed whom holds the rights to maintenance on the easement.
I'm sorry if I am sounding redundant but I want to gather as much accurate info as possible and I dont want to go off half cocked with missinformation. I am not an attorney, I am a World Level Competition Archer, whom would like to gather as much info as possible in this matter and try to live side by side peacefully...... but if my neighbor wants to play ..... this world level comp archer has all kinds of game, and plenty of practice at game, but I know there is always a way to avoid some game stategies by adhereing to the game rules..... time to level the playing field, and I find information the best leveling devise in the playing field for all conserned.
I havent told you so far but ..... THANKYOU FOR YOUR HELP SO FAR.. it is much appreciated!!!!!!!!!!
RuthK
 
M

Meursault

Guest
I have a few more questions then...... Do I and my husband have the rights to maintain the property that we own covered by my neighbors easement RE/ mow , maintain, re gravel, park on the lawn in the easement that dosent obstruct the driveway in any way what so ever , have removed the aborative bushes and signage that the neighbor put on our property within the easement?
The answer to this is easy. So, answer the following question and you'll have your answer.

Do you have the right, on the remaining portion of your land, to do with it as you wish within city ordinance and state law?

Listen. The only game being played here is by your neighbor. Simply put, you have the right to enjoy the use of your land as you see fit. Including taking down offending structures or having them removed. Your neighbor has the right to drive over the easement. PERIOD!

Of course, if he wants to pave it for you, well then that's his right to. He can also purchase a new Boxter for you if he wishes.

Do as I suggested and visit with a competent real estate attorney who can write the cease and desist letter for you. Then, if things are not resolved, simply sue his ass for the removal AND legal costs attached.

He'll eventually get the idea when his ass is in front of a judge with a big red target painted on his backside.
 
R

RuthK

Guest
Come on now you are talking to a lady that shoots a red pin..... a red target will be a hinderance to me , I like it flesh clored in 3D archery ,or white or black or brown to make that red pin on my sight show up reaaaaaaaaaal well :cool:
For a red target I would use a FLO Green Pin in my Scope :D


Of course, if he wants to pave it for you, well then that's his right to. He can also purchase a new Boxter for you if he wishes.

So you just stated he has the right to pave the driveway??? I thought you stated he has no rights to maintain the easement??
I'm not trying to be a smart A**... Im just questioning what you posted..... Please Clarify for me please!!!
And I have taken your advice and have an appointment set in 2 days ( the earlierist that i could get )with a lawyer in real estate law, whom has assisted us in utility easement law on our property before to our benifit.
Thanks RuthK
 
Last edited:
M

Meursault

Guest
Don't get your thong in a quiver. :D

That statment is simple. If he wants to pave the driveway and you want it paved then guess what? He can do it. But the cost of the paving is his alone to bare. And it's a gift to you as the property owner.

If you don't want it paved then tell him to stand a little to the right in front of that nice round hay bale because the sun's in your eyes....TWANG!!!!
 
R

RuthK

Guest
Jeeze.... and I thought I had to go to Archerytalk.com to talk archey game :D
Naw this girl dosent shoot hay bales... we have advanced in the sport to modern synthetic foam arget stops and targets.... at my FPS my arrows blow right through hay ( Straw) bales :cool:
Save the hay bales for them country boys and girls that cant afford the new Archery Millenium :p
Not that I am much of a step above redneck and a John Deere.. SHHHHHHHHHHH Dont Tell then they'll know where my family rots are really growing at.
Lets not go talking about my family though ..... dont wanna get to personal or give up to much personal archery info.... gotta save some game for the girls ;)
Thong in a Quiver ?????? dont even use a r any more ..... We Pro and Sponsored archers have moved on up to Shooter Chairs... Just like the Jefferson's...... MOVING ON UP TO THE BETTER SIDE :D
I dont want them to stand to the right ...The ASA 12 Ring is in the lower left of the kill on the ASA targets depending on hich way the target is faced...... OPPS... Game just slipped.....I'm getting old.... senoior moment....ASA 14 Ring top right area of target :p OKAY Neighbors stand to the right :D
 
M

Meursault

Guest
I'll keep that in mind next time I'm out shooting the coyotes.

Now, go take care of business and come back to let us know how this soap opera turns out. :D
 
R

RuthK

Guest
Meursalt;
Thanks again...... and 'll let you know what our attorney has to say when I meet with him on Thursday.. :cool:
RuthK
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top